Panel rejects bill aimed at sale of pornography to minors

BATON ROUGE -- A St. Tammany Parish lawmaker's attempts to crack down on retailers who sell pornographic or obscene books, movies and DVDs to minors fizzled Thursday when a House committee rejected his bill.

The Committee on Commerce voted 12-2 to defer action on Senate Bill 152 by Sen. A.G. Crowe, R-Slidell, killing it for the session unless he can find a way to bring it back as an amendment to another measure.

Bookstore operators and lobbyists for retailers and the motion picture industry opposed the bill while the Louisiana Family Forum, a conservative Christian lobbying group, favored its passage.

"This puts another tool in the hands of parents ... to protect our children," Crowe said.

The bill, Crowe said, would require the attorney general's office to send a retailer a notice after receiving five complaints about the sale or rental of unsuitable materials to youths under 18.

The notice would inform the retailers that the complaints could lead to an investigation, and that the operator or owner could be found in violation of the state's deceptive trade practices law. Violations are not criminal but can result in a civil fine.

Crowe had amendments prepared for the bill to blunt some of the opposition but panel Chairman Jeff Arnold, D-Algiers, said they did not arrive 24 hours in advance as committee rules require.

Crowe said he was shocked it would take that much to hire more attorneys and investigators to deal with the complaints. He said the estimate was wrong because the existing staff in the attorney general's office could probably handle it.

Tom Lowenburg, co-operator of Octavia Books in New Orleans, said his store sells 15,000 to 20,000 titles a year. He said some books hundreds of pages long may have one picture of nude artwork that could subject him to a complaint.

"This bill would make our job hell," Lowenburg said. "We don't think it is constitutional; it makes individuals mini-police in enforcing content. This would put Louisiana way out there. There will be legal costs to the state" when lawsuits are filed.

Steve Duke, who represents the movie industry, said the industry has worked with the state in the past to keep racy material out of kids' hands. "Where is the problem that presently exists (to warrant this bill)?" he asked.

Ed Anderson can be reached at eanderson@timespicayune.com or 225.342.5810.